Shepherdsville, KY asked in Criminal Law and DUI / DWI for Kentucky

Q: Can time spent in jail count towards both cases if they are related?

My friend who was on probation was arrested in February of this year and was caught with a firearm (as a felon), DUI, and failure to maintain car insurance. After he was already in jail for this, the judge who originally put him on probation put out a warrant on him for probation violation. This left him with two cases and two bonds. The first for the warrant from the circuit court judge was $10,000 cash, and the other bond from the “new charges” in district court was $15,000 or HIP. He spent one month in LMDC then got out on HIP after his family paid the $10,000 cash. He then spent March-July on HIP, awaiting sentencing for both cases and in July the judge that put the warrant out ended up revoking his probation and sentenced him to 3 years in prison which he’s serving now. However, district court has not sentenced him yet for the new charges. Will his time being served right now count towards any new sentence he may get? Or will only the time he’s served on HIP count?

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1 Lawyer Answer
Leland Hulbert
Leland Hulbert
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Under Kentucky law new felonies must run consecutive if picked up while on probation. His credit should only be applied to one case but ultimately it’s up to the calculations by the department of corrections after he is sentenced.

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